3.6
Sexual Assault and Sexual Harassment

Sexual Assault and Sexual Harassment

Policy StatementIt is the policy of the University of Arkansas to prohibit sexual harassment or acts
of sexual assault, domestic violence, dating violence and stalking committed against
students, employees, visitors to the campus, and other persons who use University
facilities. Sexual assault is an extreme form of sexual harassment. Sexual harassment
is prohibited by University policy and is a form of sex discrimination prohibited
by Title VII of the Civil Rights Act of 1964 and by Title IX of the Education Amendments
of 1972. Sexual assault is also a crime, defined by the Arkansas criminal code.

Title IX protects the University community from gender discrimination, harassment
and misconduct in a school’s education programs and activities. Title IX protects
the University community in connection with all academic, educational, extracurricular,
athletic and other University programs, whether those programs take place on University
property, in University transportation, at a class or training program sponsored by
the University at another location or elsewhere.

This Policy shall not be construed or applied to restrict academic freedom at the
University, nor shall it be construed to restrict constitutionally protected expression.

Reporting ProcessThe university has designated a Title IX Coordinator with overall responsibility for
oversight of the university’s compliance with its obligations under Title IX, including,
but not limited to, its obligations to investigate and respond to allegations of sexual
assault.

All complaints or any concerns about conduct that may violate this Policy should be
submitted to the Title IX Coordinator:

For allegations of sexual assault by faculty, staff or other persons (other than students),
the Title IX Coordinator makes a referral to the University Compliance Officer, who
coordinates with the University of Arkansas Police Department (UAPD) and the University
Health Center to ensure that allegations of sexual assault reported to University
officials are investigated and that confirmed allegations are addressed through University
personnel processes, as appropriate.

The Compliance Officer can be reached at the Office of Equal Opportunity and Compliance,
346 N. West Avenue (West Avenue Annex), 479-575-4019, titlevii@uark.edu.

For allegations of sexual misconduct by students, the Deputy Title IX Coordinators,
in consultation with the Title IX Coordinator, coordinate with UAPD and the University
Health Center to ensure that allegations of sexual misconduct reported to University
officials are processed through the University student conduct system, as appropriate.
The Deputy Title IX Coordinators report to the University Title IX Coordinator on
all allegations of sexual misconduct processed through the student conduct system.

Filing Report with Local Law EnforcementIn some instances, sexual misconduct may constitute both a violation of University
Policy and criminal activity. The University grievance process is not a substitute
for instituting legal action. The University encourages individuals to report alleged sexual misconduct promptly
to campus officials AND to law enforcement authorities, where appropriate. Reports may be made directly with local law enforcement agencies by dialing 911. Individuals may also contact any of the following for assistance in filing a report
with local law enforcement:

Consent: Consent is a clear, knowing and voluntary decision to engage in sexual activity.
Because consent is voluntary, it is given without coercion, force, threats, or intimidation.
It is given with positive cooperation in the act or expression of intent to engage
in the act pursuant to an exercise of free will.

Consent is active, not passive. Silence, in and of itself, cannot be interpreted as
consent. Consent can be given by words or actions, as long as those words or actions
consist of an affirmative, unambiguous, conscious decision by each participant to
engage in mutually agreed-upon sexual activity.

Consent is revocable, meaning consent can be withdrawn at any time. Thus, consent
must be ongoing throughout a sexual encounter. Once consent has been revoked, sexual
activity must stop immediately.

Consent can be limited, meaning consent to any one form of sexual activity cannot
automatically imply consent to any other forms of sexual activity. Use of alcohol
or other drugs will never function as a defense to a violation of this Policy. Further,
previous relationships or prior consent cannot imply consent to future sexual acts.

Consent cannot be given when a person is incapacitated, such as when a person is physically
or mentally unable to make informed, rational judgments, or lacks the ability to understand
the “who, what, when, where and how” related to the sexual activity. States of incapacitation
include, but are not limited to, unconsciousness and sleep. Where alcohol or drugs
are involved, incapacitation is determined by how the alcohol or other drugs have
impacted a person’s decision-making capacity, awareness of consequences, and/or ability
to make fully informed judgments.

In sum:

Silence does not equal consent.

Lack of verbal resistance does not constitute consent.

Lack of physical resistance does not constitute consent.

There is no consent when there is force, coercion, intimidation, threats or duress.

Consent may be withdrawn at any time, and sexual activity must cease when consent
is withdrawn unless or until additional consent is given.

Consent to one form of sexual activity does not indicate consent to another form of
sexual activity.

A prior sexual relationship does not indicate current or future consent.

Minors cannot give consent.

Physically or mentally incapacitated persons cannot give consent.

Consent may be determined by whether the accused knew, or a reasonable person should
have known, that the alleged victim was incapacitated.

Dating Violence: violence committed by a person who is or has been in a social relationship of a
romantic or intimate nature with the alleged victim and the existence of such relationship
shall be based on the reporting party’s statement and with consideration of the length
of the relationship, the type of relationship, and the frequency of interaction between
the persons involved in the relationship.

Domestic Violence: Physical harm, bodily injury, assault, or the infliction of fear of imminent physical
harm, bodily injury, or assault between family or household members; or any sexual
conduct between family or household members, whether minors or adults, that constitutes
a crime under the laws of this state. Family or household members means spouses,
former spouses, parents and children, persons related by blood within the fourth degree
of consanguinity, any children residing in the household, persons who presently or
in the past have resided or cohabited together, persons who have or have had a child
in common, and persons who are presently or in the past have been in a dating relationship
together. (See also, Arkansas Code Annotated § 9-15-103—“Domestic Abuse”).

Non-Consensual Sexual Contact: Non-consensual sexual contact is any intentional sexual touching, however slight,
with any object by a male or female upon a male or a female that is without consent
and/or by force. Sexual Contact includes intentional contact with the breasts, buttock,
groin, or genitals, or touching another with any of these body parts, or making another
touch you or themselves with or on any of these body parts; any intentional bodily
contact in a sexual manner, though not involving contact with/of/by breasts, buttocks,
groin, genitals, mouth or other orifice.

Non-Consensual Sexual Intercourse: Non-consensual sexual intercourse is any sexual intercourse however slight, by a male
or female upon a male or a female that is without consent and/or by force. Intercourse
includes vaginal penetration by a penis, object, tongue or finger; anal penetration
by a penis, object, tongue, or finger; and oral copulation (mouth to genital contact
or genital to mouth contact), no matter how slight the penetration or contact.

Proceeding: All activities related to a noncriminal resolution of an institutional disciplinary
complaint, including, but not limited to, fact-finding investigations, formal or informal
meetings, and hearings this does not include communications and meetings between officials
and victims concerning accommodations or protective measures to be provided to a victim.

Respondent: The person(s) against whom a complaint has been made.

Result: Any initial, interim, and final decision by any official or entity authorized to
resolve disciplinary matters within the institution. The results will include any
sanctions imposed by the institution and a rationale for the result and the sanctions.

Retaliation: Action taken by an accused individual or by a third party against any person because
that person has opposed any practices forbidden under this Policy or because that
person has filed a complaint, testified, assisted or participated in any manner in
an investigation or proceeding under this Policy. This includes action taken against
a bystander who intervened to stop or attempt to stop discrimination, harassment or
sexual misconduct. Retaliation includes intimidating, threatening, coercing or in
any way discriminating against an individual because of the individual’s complaint
or participation. Action is generally deemed retaliatory if it would deter a reasonable
person in the same circumstances from opposing practices prohibited by this Policy.

Sexual assault: An actual or attempted sexual contact with another person without that person’s consent.
Sexual assault includes, but is not limited to involvement in any sexual contact when
the victim is unable to consent; intentional and unwelcome touching of, or coercing,
forcing, or attempting to coerce or force another to touch a person’s intimate parts
(defined as genital area, groin, inner thigh, buttocks, or breast); and sexual intercourse
without consent. Acts defined as sexual assault include rape, date rape, acquaintance
rape, and gang rape, but may also include sexual touching of another person against
his or her will, and forcing an unwilling person to touch another person sexually.
Sexual assault occurs when such acts are committed either by force, threat, or intimidation,
or through the use of the victim's mental or physical helplessness, of which the assailant
was aware or should have been aware.

Sexual Exploitation: Occurs when a person takes non-consensual or abusive sexual advantage of another for
his/her own advantage or benefit, or to benefit or advantage anyone other than the
one being exploited, and that behavior does not otherwise constitute one of other
sexual misconduct offenses. Examples of behavior that could rise to the level of
sexual exploitation include, but are not limited to:

invading sexual privacy;

prostituting another person;

non-consensual video or audio-taping of sexual activity;

going beyond the boundaries of consent (e.g., allowing others to watch consensual
sex without that party’s knowledge or consent);

engaging in voyeurism;

non-consensual distribution of photos, other images, or information of an individual’s
sexual activity, intimate body parts, or nakedness, with the intent to or having the
intent or effect of disparaging, embarrassing, or ostracizing an individual who is
the subject of such images or information;

knowingly transmitting a Sexually Transmitted Infection (STI), such as HIV, to another
without disclosing STI status;

exposing one’s genitals in non-consensual circumstances or inducing another to expose
his or her genitals; or

sexually-based stalking and/or bullying may also be forms of sexual exploitation.

Sexual Harassment: Sexual Harassment is unwelcome, gender-based spoken, written or symbolic action or
physical conduct that is sufficiently severe, persistent or pervasive that it has
the effect of unreasonably interfering with, limiting or denying someone the ability
to participate in or benefit from the University’s educational programs. The unwelcome
behavior may be based on power differentials, the creation of a hostile environment
or retaliation.

For the purpose of this Policy, sexual harassment includes repeatedly following, harassing,
threatening, or intimidating another by telephone, mail, electronic communication,
social media, or any other action, device or method that purposely or knowingly causes
substantial emotional distress or reasonable fear of bodily injury or death. Sexual
harassment also includes quid pro quo sexual harassment which exists when there are unwelcome sexual advances, requests
for sexual favors or other verbal or physical conduct of a sexual nature and submission
to or rejection of such conduct results in adverse educational or employment action.

Not all workplace or educational conduct that may be described as “harassment” affects
the terms, conditions or privileges of employment or education. For example, a mere
utterance of an isolated ethnic, gender-based or racial epithet which creates offensive
feelings in an employee or student, while highly inappropriate, would not normally
affect the terms and conditions of their employment or limits a student’s ability
to participate in or benefit from the University’s educational programs or activities.

Sexual harassment as defined by the U.S. Equal Employment Opportunity Commission and adapted
to the academic environment consists of unwelcome sexual advances, requests for sexual
favors, and other verbal or physical conduct or written communication of a sexual
nature, regardless of where such conduct might occur, when:

submission to the conduct is made either implicitly or explicitly a term or condition
of an individual's employment with the university or of an individual's academic status
or advancement in a university program, course, or activity;

submission to or rejection of the conduct by an individual is used as the basis for
employment or academic decisions affecting that individual; and/or

the conduct has the purpose or effect of unreasonably interfering with an individual's
work or academic performance or creating an intimidating, hostile, or offensive working
or learning environment.

Sexual harassment is distinguished from voluntary sexual relationships in that it
introduces such elements as coercion, threat, unwanted sexual attention, and/or promises
of academic or professional rewards in exchange for sexual favors. Sexual harassment
is unwelcome behavior. Behavior that the courts have found to constitute sexual harassment is
usually repeated or continues even after the individual makes it clear that it is
unwanted.

Forms of Sexual Harassment:Sexual harassment is often divided into two categories: (1) quid pro quo harassment and (2) harassment resulting from a hostile or abusive environment.(i) Quid pro quo harassment involves an explicit or implied exchange; that is, the granting or denial of
a benefit or privilege in exchange for sexual considerations. The harasser uses submission
to or rejection of the offensive conduct as the basis for decisions such as employment,
promotion, transfer, selection for training, performance evaluation, or the basis
for academic evaluation or recommendations.(ii) Hostile or abusive environment exists when the workplace or educational environment is permeated by discriminatory
intimidation, insults, and ridicule, such as sexual innuendos, uninvited sexual advances,
sexually suggestive or discriminatory remarks, sexually suggestive or offensive signs,
graffiti, or pictures, the use of sexually crude and vulgar language, etc. The offensive
conduct must be sufficiently severe and pervasive that a reasonable person would find
the conditions of the working or learning environment to have been adversely affected.
The individual must also subjectively perceive the environment to be hostile or abusive.
An environment is hostile or abusive can be determined only by looking at all the
circumstances, which may include the frequency of the discriminatory conduct; its
severity; whether it is physically threatening or humiliating, or a mere offensive
utterance; and whether it unreasonably interferes with an employee's work performance
or a student’s learning.

Academic Freedom:Works of art and literature, readings, and other written, auditory, or visual course
materials which are used in an educational context, including classrooms, academic
offices, and all other learning environments, or which are part of academic or cultural
programs, do not constitute sexual harassment, regardless of their sexual, erotic, suggestive, or
vulgar content and regardless of whether they may be offensive to some individuals.

Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable
person to fear for his or her safety or the safety of others or suffer substantial
emotional distress.

TrainingAll organizational units must make reasonable efforts to provide sexual harassment
and sexual assault training for their employees each year, in addition to the online
Haven Employee Training. All new employees should receive a copy of this Policy and
sexual harassment and sexual assault training within the first six months of beginning
employment. Each employee should receive refresher training at least every three years.
Student training is provided campus-wide on an ongoing basis. Haven Student Training
is mandatory for all new students (including transfer students)

Consensual RelationshipsConsensual sexual relationships between faculty and their students or between supervisors
and their employees in some instances may result in charges of sexual harassment.

Consensual relationships may lead other faculty and students or supervisors and coworkers
to question the validity of grades, evaluations, and other interactions between the
people involved in such a relationship. The integrity of the work of both people in
the relationship may be compromised.

University faculty, administrators, and other supervisory staff should be aware that
any sexual involvement with their students or employees could subject them to formal
action if a sexual harassment complaint is subsequently made and substantiated, and
that they bear the greater burden of responsibility should it be proven that the power
differential between them made the relationship other than fully consensual. Even
when both parties have consented to a relationship, it is the faculty member, administrator,
or supervisor who may be held accountable for unprofessional behavior. Other students
or employees may allege that the relationship creates a hostile or abusive environment
affecting them. Graduate assistants, residence hall staff, tutors, and undergraduate
course assistants who are professionally responsible for students will be held to
the same standards of accountability as faculty in their relationships with students
whom they instruct or evaluate.

When a consensual relationship exists between a student and a faculty member who has
control over the student’s academic work or status or between an employee and his
or her supervisor, the resulting conflict of interest should be disclosed and addressed
in accordance with university policies concerning conflict of interest.

Responsibility to ReportAny student, faculty member, staff member, administrator, or visitor to the campus
who has experienced or witnessed sexual harassment, sexual assault, domestic violence,
dating violence or stalking should report the incident immediately to the University of
Arkansas Title IX Coordinator. Such incidents also may be reported to the Deputy
Title IX Coordinators, the University Compliance Officer, the UAPD, the Fayetteville
Police Department (if it occurred within the city limits), to the police of another
municipality if the assault occurred within another township or city that has a police
force, or to the Washington County Sheriff's Department if it occurred outside city
limits but within the county. Other reporting options include the University Health
Center's STAR Central Office (Office for Support, Training, Advocacy, and Resources
on Sexual Assault and Relationship Violence) or to NWA Rape Crisis Center.

Only employees who are statutorily prohibited from reporting such information (licensed
health-care professionals and clergy) are exempt from these reporting requirements.
Non-professional counselors and victim advocates (including staff in the STAR Central
Office and the RESPECT office) need to report only general information (the nature,
date, time and general location of an incident) to the Title IX Coordinator for holistic/campus-wide
evaluation, but no personally identifying details about the victim should be reported
unless the victim agrees.

Conduct that occurs off campus can be the subject of a complaint or report and will
be evaluated to determine whether it violates this Policy. Allegations of off-campus
sexual misconduct are of particular concern and should be brought to the University’s
attention.

The University of Arkansas has designated the following faculty and staff members
as “Responsible Employees”, as defined by Title IX, who are required to report complaints
to the Title IX Coordinator or other appropriate University officials:

Any employee who has the authority to take action to redress sexual violence;

Any employee who has been given the duty of reporting incidents of sexual violence
or any other misconduct by students to the Title IX coordinator or other appropriate
school designee; or

Any employee whom a student could reasonably believe has this authority or duty.

The Responsible Employee designation applies to most university employees, including,
but not limited to, those with supervisory responsibilities, professors and other
faculty, deans and department heads, athletic coaches and administrators, Student
Affairs personnel, University Police Department personnel, resident assistants and
CREs, and any other employee who meets any of the three elements above.

Employees who hold a position not listed here should assume that he or she is a Responsible
Employee and have a mandatory duty to report sexual misconduct, absent explicit instruction
to the contrary from his or her supervisor. Any employee who is unsure whether he
or she is a Responsible Employee should contact the Title IX Coordinator.

Any responsible employee who fails to promptly report a matter to the Title IX Coordinator,
or other appropriate university official, may be subject to discipline or personal
liability for failing to do so.

Preserving EvidenceIt is important that evidence of sexual assault be preserved, because it may be needed
for prosecuting the criminal case. Victims and others should not alter the scene of
the attack. The victim should not change clothes, bathe or shower, douche, drink or
eat anything, or brush her/his teeth before reporting the assault. Any items worn
by the victim during the assault, but are not currently being worn, and any materials
encountered during the assault (i.e., bed sheets, blankets, etc.) should be placed
in a brown paper bag and brought along with the victim to a local hospital emergency
department that has kits to collect and preserve evidence of rape and sexual assault.

Availability of Counseling and AdvocacyCounseling and other mental health services for victims of sexual assault are available
on campus and in the community. Students may use the Counseling and Psychological
Services (CAPS) department of the University Health Center. The Psychological Clinic
of the Department of Psychology may be able to provide assistance in some cases.
Employees of the University may be able to seek assistance from any medical facility
or the Employee Assistance Program. Community mental health agencies, such as the
Ozark Guidance Center, and counselors and psychotherapists in private practice in
the area can provide individual and group therapy for both students and employees.

STAR Central of the University Health Center and NWA Rape Crisis may assist with making referrals
for individual counseling and support groups. STAR Central will assist victims with identifying
non-counseling campus and community resources that may be of additional help and serve
as a victim advocate upon request.

X) Education and Awareness ProgramsThe University does not tolerate sexual harassment, sexual assault, domestic violence,
dating violence, stalking, or other forms of sexual misconduct. The University attempts
to foster a safe living, learning, and working environment for all members of the
campus community. To accomplish this goal, the University provides educational programming
that addresses all aspects of sexual misconduct (safety precautions and prevention,
crisis management, reporting, medical and counseling services, the University discipline
systems, academic schedules, living arrangement, etc.); the University, including
through its Title IX Sexual Assault Response Team, routinely evaluates it responses
to sexual misconduct.

The University has developed educational programs concerning sexual harassment, sexual
assault, domestic violence, dating violence, and stalking. Involved students, faculty,
staff, and community members provide information and promote discussion on interpersonal
abuse and violence issues.

The STAR Central Coordinator in the Department of Health Promotion and Education of
the University Health Center is responsible for planning and coordinating campus education
and awareness programs about all forms of sexual misconduct. Programs are presented
regularly throughout the academic year in residence halls, fraternities, sororities,
and for other student organizations, academic classes, and in other settings that
are likely to reach people throughout the campus community. Campus-wide education
and awareness activities are also conducted during Sexual Assault Prevention and Awareness
Week.

Bystander InterventionThe University of Arkansas encourages students to be aware of their surroundings,
including situations that may potentially lead to sexual violence; the University
also strongly encourages students to intervene if they recognize that sexual assault
may be about to occur. Possible interventions can be divided into four types:

Engage: Say or do something that directly engages one of more of the parties involved

Distract: Say or do something to interrupt the interaction

Enlist: Ask for the help of someone else who may be better able to intervene

Delay: Say or do something after the difficult moment or incident has passed

In all cases, bystanders should choose a course of action that best ensures the safety
of those involved, including the student taking action.

Informal Resolution ProcessIn recognition that a wide spectrum of behaviors can constitute violations of University
policies, the Title IX Office may resolve reports informally and appropriately, based
on the circumstances. Informal resolutions generally are pursued when the complainant,
having been fully informed of all available options, has explicitly made that choice.
An informal resolution process is voluntary, and a complainant can ask to end the
informal resolution process at any time before its completion. If an informal resolution
process is ended by request, any information obtained may be used in a subsequent
formal resolution process and hearing. Once a Complaint has been resolved through
an informal resolution process, the matter will be closed.

For some limited types of alleged violations of this policy an informal resolution
may include mediation. Mediation is not an appropriate option for cases involving
a complaint of sexual assault and/or relationship and interpersonal violence, nor
for circumstances involving severe misconduct behavior.

In all cases, the Title IX Coordinator will have discretion to determine whether or
not informal resolution or mediation is appropriate to the circumstances.

Formal Resolution ProcessStudents and employees who are found responsible for sexual harassment or sexual assault
may be subject to University disciplinary action. According to the circumstances
of the case, possible sanctions for students may range from University Censure to
Expulsion from the University and, for employees, from formal reprimand up to termination
of employment.

When appropriate, the University of Arkansas Police Department or any member of the University
community may refer allegations of sexual harassment, sexual assault, domestic violence,
dating violence, and sexual misconduct (as defined in Section 4 above) by students
to the Title IX Coordinators or Deputy Title IX Coordinator(s). The student process
is intended to educate students, to help them make responsible decisions, and to be
accountable for their actions. Complaints concerning allegations of sexual assault
and/or sexual harassment against faculty and staff members will be referred to the
University Compliance Officer.

Complaint Intake ProcessUpon receiving a report of a possible Title IX violation, the University's Title IX
Coordinator (and/or his or her designee) will first conduct an intake meeting with
the complainant and/or the alleged victim (if different from the complainant). During
the complainant/alleged victim intake, the Title IX Coordinator (and/or his or her
designee) will gather information and discuss, among other things, confidentiality
standards and possible interim measures that could be provided during the pendency
of the complaint proceeding, such as, changes in academic or living arrangements and/or
No Contact orders. During the intake meeting, the Title IX Coordinator (and/or his
or her designee) will also make referrals, as appropriate, to law enforcement, advocacy,
counseling, medical, academic and/or other available resources.

If during the complainant/alleged victim intake, the complainant (or alleged victim,
if different from the complainant) requests that no further action be taken and/or
that no complaint be pursued, the Title IX Coordinator (and/or his or her designee)
will inform the complainant (or alleged victim, if different from the complainant)
that retaliation is prohibited and that honoring the complainant's (or alleged victim's)
request may limit the ability to fully respond to the incident. In the event the complainant
(or alleged victim, if different from the complainant) stands firm on his or her request
that no further action be taken, the Title IX Coordinator will evaluate whether the
request can be honored while still providing a safe and non-discriminatory environment
for all.

If during the complainant/alleged victim intake, the complainant (or alleged victim,
if different from the complainant) states a desire to file a complaint, or if the
Title IX Coordinator determines (based on the information gathered) that additional
steps should be taken in the interest of providing a safe and non-discriminatory environment
for all, the Title IX Coordinator (and/or the his or her designee) will next conduct
an intake meeting with the respondent.

Both the alleged victim and the Respondent may be accompanied by one advisor/support
person to assist them throughout the Title IX process. It is the student’s responsibility
to request and obtain the services of an advisor/support person. University officials
are neither required nor obligated to act as an advisor/support person. The advisor/support
person may not speak on behalf of the student throughout the disciplinary proceeding.

Preliminary Investigation

After gathering information through the complaint intake process, the Title IX Coordinator
or his/her designee will make an initial assessment regarding whether a potential
Title IX violation has occurred.

Comprehensive Investigation

At the conclusion of the preliminary investigation, if the Title IX Coordinator or
his/her designee determines that a potential Title IX violation has occurred, at his/her
discretion, the Title IX Coordinator will refer the matter to the Office of Student
Standards and Conduct's (OSSC) Title IX investigator ("Investigator") or another appropriate
designee for a comprehensive investigation or will conduct the comprehensive investigation
him/herself.

The Title IX Coordinator or designee will provide status updates to the Complainant
and Respondent during the investigation, as appropriate. At the conclusion of the
investigation, the Investigator will compile a summary of the investigation ("Investigative
Report") and provide it to the Title IX Coordinator. If the Title IX Coordinator
conducts the investigation, he/she will compile the Investigative Report at the conclusion
of his/her investigation.

Formal Resolution Process

If the Title IX Coordinator determines, based on a preponderance of the evidence standard,
that the conduct at issue constitutes a violation of Title IX, the Title IX Coordinator
will determine the appropriate remedy and/or sanction which will be included as a
written finding in the Investigative Report. The Investigative Report shall address:
(1) the Title IX violation(s) for which the Respondent was found responsible, if any;
(2) the recommended sanction(s) imposed on the Respondent, if any; and (3) the rationale
for the decision. The Title IX Coordinator shall distribute the updated Investigative
Report to the alleged victim and Respondent. All parties to whom the Investigative
Report is distributed pursuant to this Policy should maintain it in confidence. Although
all parties are expected to adhere to the confidentiality provisions of this policy
and respect the privacy rights of all the parties, either party may disclose the final
outcome decision, notwithstanding any non-disclosure agreement, in writing or otherwise,
to the contrary.

If the Title IX Coordinator finds, based on a preponderance of the evidence standard,
that the conduct at issue does not constitute a violation of Title IX, then the Title
IX Coordinator will determine and document the appropriate resolution of the Complaint
in the Investigative Report and will promptly notify the parties of that determination.

In determining the appropriate remedy and/or sanction, the University will act to
end the discrimination, harassment, retaliation or sexual misconduct, prevent its
recurrence and remedy its effects on the victim and/or University community. Sanctions
will depend upon the nature and gravity of the misconduct, any record of prior discipline
for a violation of the Code of Student Life, or both. Sanctions may include, without
limitation, written reprimand, conduct probation, suspension or expulsion from the
University, expulsion from campus housing, mandated counseling and/or other educational
sanctions as deemed appropriate, including No Contact orders. Imposition of the appropriate
remedy and/or sanction will be imposed only after all appeals have been exhausted.

Except as compelled by law or in the interest of fairness, just resolution or health
and safety considerations, disclosure of information contained in Complaints, their
substance, procedures and the results of investigations will be limited to the immediate
parties, witnesses and other appropriate officials. Limited disclosure may also be
necessary to conduct a full and impartial investigation.

Informal Resolution ProcessIn recognition that a wide spectrum of behaviors can constitute violations of University
policies, the Title IX Office may resolve reports informally and appropriately, based
on the circumstances. Informal resolutions generally are pursued when the complainant,
having been fully informed of all available options, has explicitly made that choice.
An informal resolution process is voluntary, and a complainant can ask to end the
informal resolution process at any time before its completion. If an informal resolution
process is ended by request, any information obtained may be used in a subsequent
formal resolution process and hearing. Once a Complaint has been resolved through
an informal resolution process, the matter will be closed.

For some limited types of alleged violations of this policy, an informal resolution
may include mediation. Mediation is not an appropriate option for cases involving
a Complaint of sexual assault and/or relationship and interpersonal violence, nor
for circumstances involving severe misconduct.

In all cases, the Title IX Coordinator will have discretion to determine whether or
not informal resolution or mediation is appropriate to the circumstance.

Appeals.In the event the Respondent or the Complainant disagrees with the finding or sanction
of the Title IX Coordinator or his/her Designee, either party may appeal any or all
of the Title IX Coordinator’s decision to a Hearing Panel by providing a written appeal
to the VCSA or his/her designee with a copy also being provided to the Title IX Coordinator.
The appeal must be submitted within five (5) days of receipt of the decision and must
include a brief statement describing any or all parts of the decision being appealed
and the reason for appeal.**

In cases where the Respondent or Complainant submits an appeal, both parties will
be notified in writing that an appeal was submitted and the other party may provide
a written response to the appeal within three (3) business days after notification.
The written response must: (1) address only the issues raised in the other party’s
appeal, and (2) be limited to a one-time submission. No additional submissions, beyond
the appeal and the response, will be considered.

[**If the student has received a suspension of ten (10) or more days or expulsion,
the advisor or support person for both the alleged Complainant and the Respondent
may fully participate during the disciplinary appeal proceeding.]

Appeal Process:

Notice of Appeal. Upon receipt of the appeal and response, if any, the OSSC shall forward the documents
to the VCSA or his/her Designee, with a copy to the Title IX Coordinator, and request
an appeal hearing ("Notice of Appeal").

Appointment of Hearing Panel. Within three (3) days of receiving the Notice of Appeal, the VCSA or his/her designee
will appoint the members of the Title IX Hearing Panel ("Hearing Panel"). The Title
IX Coordinator immediately will provide a copy of the Complaint, Investigative Report,Appeal
and Appeal Response, to the members of the Hearing Panel. The VCSA or his/her designee
hearings will be conducted by a mixed gender three-person panel who are either members
of the University's Title IX Hearing Board, Title IX Coordinators or Deputy Coordinators
from other University of Arkansas System campuses, or specifically designated and
trained members of the Northwest Arkansas legal community. Only individuals who have participated in in-person Title IX hearing panel training
conducted by the University of Arkansas or comparable in-depth panel training will
be permitted to serve on Title IX Appeal Hearing Panels. Students are not permitted to serve on Title IXAppeal Hearing Panels. Staff of the
OSSC will not serve on Title IX Appeal Hearing Panels, but may provide assistance
to the Hearing Panel at the discretion of the VCSA or his/her Designee.

Hearing Panel Members. Promptly after the appointment of the members of the Hearing Panel, the Title IX
Coordinator will provide concurrent written Notice of Appeal to the Complainant and
the Respondent, setting forth the names of the individuals selected to serve on and
chair the Hearing Panel. The parties may challenge the participation of any member
of the Hearing Panel by submitting a written objection to the VCSA or his/her designee
within three (3) days of receipt of the notice of the composition of the Hearing Panel.
Any objection must state the specific reason(s) for the objection. The VCSA or his/her
designee will evaluate the objection and determine whether to alter the composition
of the Hearing Panel. Failure to submit a timely and proper objection will constitute
a waiver of any right of objection to the composition of the Hearing Panel. Any changes
in the composition of the Hearing Panel will be provided in writing to both parties
prior to the date of the hearing.

Witness List. Within five (5) days of receipt of the notice of the initial composition of the Hearing
Panel, the Complainant and the Respondent may provide the Chair of the Hearing Panel
with a list of witnesses, if any, that they propose that the Hearing Panel call and
a brief description of each proposed witness’s connection to and/or knowledge of the
issues in dispute.

Request to Appear. Upon receipt of Complainant and Respondent's witness lists, the VCSA or his/her
Designee will provide a separate notice to the alleged Complainant, Respondent and
any witnesses or other third parties whose testimony the Hearing Panel deems relevant,
requesting such individuals to appear before the Hearing Panel. The notice should
set forth the date, time, and location for the individual’s requested presence. The
Hearing Panel shall provide the names of the witnesses or other third parties that
the Hearing Panel plans to call in its notices to the Complainant and the Respondent.

Failure to Appear. If any party fails to appear before the Hearing Panel if requested to do so, and
such party was provided proper notice of the hearing as set forth above, then absent
extenuating circumstances, the Hearing Panel will proceed to determine the resolution
of the Complaint.Support Persons. The Chair must be notified at least one day in advance of the hearing if a party will
be accompanied by a support person. The Chair may disallow the attendance of any
support person if he/she is also a witness or if, in the discretion of the Chair,
such person’s presence would be disruptive or hinder the orderly conduct of the hearing
or otherwise warrant removal. All support persons must agree to keep any and all
information presented in the hearing confidential in order to attend. Absent accommodation
for disability, the parties may not be accompanied by any other individual (other
than his/her support person) during the hearing process except as set forth in this
Policy.

Evidentiary Matters. The Complainant and the Respondent will have an equal opportunity to present evidence
during their hearing. Formal rules of evidence will not be observed during the hearings.

Prior Sexual Conduct. Evidence of the prior sexual conduct of the Complainant and the Respondent with
others will not be permitted at the hearings, with the following exceptions:

evidence is permitted to show that the Complainant has in the past been formally disciplined
by the University for falsely filing Complaints alleging a violation of this Policy;

evidence is permitted to show that the Respondent has in the past been either convicted
in a criminal proceeding or formally disciplined by the University for conduct which
would violate this Policy, if deemed relevant; and

evidence regarding the past sexual activity of the Respondent (regardless of whether
the Respondent was formally charged with a violation of the Policy with respect to
such conduct) may be permitted to show that the Respondent has engaged in a pattern
of behavior similar to the alleged violations of policy at issue before the Hearing
Panel, provided that (1) the Respondent has not been found “not responsible” by the
University in a proceeding related to such conduct and (2) the Chair has made written
findings both that the evidence is reliable and trustworthy and that the conduct is
sufficiently and substantially similar to the conduct at issue before the Hearing
Panel to suggest a pattern of behavior.

Appeal Hearing Procedure:The Hearing Panel will conduct a hearing during which it will interview and question
the Complainant, the alleged victim (if not the Complainant), the Respondent, and
any witnesses or other third parties whose testimony the Hearing Panel deems relevant.
The hearing will begin with a statement from the Title IX Coordinator or designee
regarding his/her decision, rationale for the decision, and explanation of sanctions,
if any. The parties will not be allowed to personally question or cross-examine each
other or the Title IX Coordinator during the hearing, but will be allowed to question
witnesses and will be allowed to hear the testimony of the other party via closed
circuit television or other means. The Chair will resolve all questions concerning
procedure or the admission of evidence or testimony, including the relevancy and
reliability of the evidence and testimony. All participants at the hearing are expected
to provide truthful testimony. The Complainant and/or alleged victim have the option
not to be in the same room with the alleged Respondent during the hearing. Any
party may choose not to testify or appear before the Hearing Panel; however, his/her
exercise of that option will not preclude the Hearing Panel from making a determination
regarding the Complaint filed against the Respondent. University officials may seek
advice from the University’s Office of General Counsel on questions of law and procedure
at any time during the process, including assistance regarding the relevancy and
admissibility of information.

Decision of the Hearing Panel:Following the conclusion of the hearing, the Hearing Panel will confer and by majority
vote determine whether the evidence (including the information provided in and by
the Investigative Report, the parties’ written statements, if any, the evidence presented
at the hearings, and the testimony of the parties and witnesses) establishes that
it is more likely than not that the Respondent committed a violation of the Code of
Student Life. If the Hearing Panel determines that it is more likely than not the
Respondent committed a violation of the Code of Student Life, the Hearing Panel will
assign sanctions, giving consideration to whether a sanction will (a) bring an end
to the violation in question, (b) reasonably prevent a recurrence of a similar violation,
and (c) remedy the effects of the violation. Sanctions for a finding of responsibility
will depend upon the nature and gravity of the misconduct, and any record of prior
student discipline, if applicable. The decision of the Hearing Panel is final.

At such time that the appeal process is exhausted, the Title IX Coordinator will determine
the final accommodations to be provided to the Complainant, if any, and the Title
IX Coordinator will communicate such decision to the Complainant and the Respondent
to the extent that it affects him/her.

The Title IX Coordinator will also take steps to prevent any harassment of or retaliation
against the Complainant or third parties, such as informing them about how to report
subsequent problems, following up with them to ensure that there are no subsequent
problems, providing training for the campus community, and providing counseling for
the Respondent. The Title IX Coordinator will also take steps to prevent the harassment
of or retaliation against the Respondent.

Furthermore, the Title IX Coordinator will take prompt corrective action if the Complainant
experiences retaliation or is subjected to further violations or if the original sanctions
imposed on the Respondent are ineffective to protect the safety and well-being of
the Complainant or other members of the University community. The Title IX Coordinator
will also take reasonable steps to eliminate any hostile environment that has been
created, such as conducting trainings and disseminating informational materials.
In taking the above-outlined steps, the Title IX Coordinator will make every reasonable
effort to minimize the burden on the Complainant and/or alleged victim.

Final Outcome Letter:The complainant and Respondent shall be notified of the outcome (including the rationale)
of the appeal simultaneously, within 5 business days of the appeal hearing, or as
soon as possible thereafter. Neither party will be required to abide by a nondisclosure
agreement, in writing or otherwise, that would prevent the re-disclosure of information
related to the outcome of the appeal proceeding.

Administrative ActionsPursuant to Section E of the Code of Student Life, Administrative Actions may be imposed
in matters related to Title IX. In the event the Respondent requests a review of
an Administrative Action, the Complainant will be notified and provided with three
(3) business days to request a meeting with the Associate Dean of Students or his/her
designee to discuss the Administrative Action. During the meeting, the Complainant
will provide information, for consideration, as to why the terms of the Administrative
Action should be continued, not modified, or not terminated.

AmnestyAmnesty from substance abuse-related violations may be provided to students who come
forward, in good faith, to report an assault they witnessed or experienced while consuming
alcohol or other drugs.

Education RecordsIn order to comply with FERPA, the Final Outcome letter will not include information
considered part of a party’s “education record” (as that term is defined by FERPA)
that is not otherwise exempt from disclosure under the Act, or other information about
sanctions that do not relate to the victim.

Confidentiality and DisclosureTo comply with FERPA and Title IX and to provide an orderly process for the presentation
and consideration of relevant information without undue intimidation or pressure,
the hearing process is not open to the general public. Accordingly, documents prepared
in anticipation of the hearings (including the Complaint, the Investigative Report,
the notices of hearing, and any prehearing submissions referenced above) and documents,
testimony, or other information introduced at the hearings may not be disclosed outside
of the hearing proceedings, except as may be required or authorized by law. In particular,
in order to respect the reasonable privacy of all participants, no party (or representative),
nor any witness, may record the administrative or appeal hearing or disclose any recording
of the hearing(s) or any portion thereof. Any violation of confidentiality requirements
shall constitute a violation of the Code of Student Life.

13 (b). Investigation and Adjudication Process for Faculty and Staff

If a faculty or staff member is involved as the Complainant or Respondent:[1]

All incidents are to be reported to the Title IX Coordinator at 479-575-7111, 427C
ADMN or titleix@uark.edu.

Based on the initial report of the incident, the Title IX Coordinator and/or University
of Arkansas Compliance Officer, with assistance from UAPD, Human Resources and/or
Dean of Students Office, will implement any temporary safety measures immediately.

Title IX Coordinator and/or the Compliance Officer will first conduct an intake meeting
with the Complainant and/or the alleged victim (if different from the Complainant).

If during the Complainant/alleged victim intake, the Complainant (or alleged victim,
if different from the Complainant) states a desire to file a complaint, or if the
Title IX Coordinator or Compliance Officer determines (based on the information gathered)
that additional steps should be taken in the interest of providing a safe and non-discriminatory
environment for all, the Title IX Coordinator or Compliance Officer will also conduct
an intake meeting with the Respondent.

If, after gathering information through the intake process, the Title IX Coordinator
or Compliance Officer makes an initial assessment that a Title IX or Title VII violation
may have occurred, the Title IX Coordinator and/or the Compliance Officer will then
initiate a full and impartial investigation into the incident. When practical, every
effort will be made to complete the investigation and produce a report within thirty
(30) calendar days of receiving notice of allegations.

Within five (5) business days of completion of the investigation, or as soon as possible
thereafter, the Title IX Coordinator and/or Compliance Officer will submit the Investigative
Report to the Director of the OEOC and to the Office of General Counsel for review.

Within five (5) business days following consultation with the Director of the OEOC
and the Office of General Counsel, the Title IX Coordinator and/or Compliance Officer
will schedule separate pre-decision meetings with the Complainant and Respondent to
discuss the information and/or materials gathered during the investigation and give
each an opportunity to respond.

Within five (5) business days of the pre-decision meetings, or as soon as possible
thereafter, the Title IX Coordinator and/or Compliance Officer will determine and
document, based on the investigation, whether reasonable grounds exist to believe
that the conduct at issue constitutes a violation of this Policy, and will provide
a copy of the finding to the Respondent's immediate supervisor/unit head and other
appropriate officials within the Respondent's supervisory chain. Supervisory officials,
in consultation with OEOC and the Office of General Counsel, will determine the appropriate
remedy and/or sanction to be imposed and will notify the Complainant and Respondent
of the final results of the investigation and the resulting actions in writing, as
appropriate.

If it is determined that discipline of a faculty or staff member is warranted, the
sanction(s) may range from warning, up to and including, dismissal[2]. When the Respondent
is a faculty member, and the sanction imposed is dismissal of the Respondent’s employment,
the matter shall proceed pursuant to Board Policy 405.1, as applicable.

At any time prior to the issuance of the Investigative Report or the date of final
determination by the Title IX Coordinator or Compliance Officer, the Respondent may
elect to acknowledge his/her actions and take responsibility for the alleged policy
violation. In such situations, the supervisor/unit head will be notified of the Respondent's
acceptance of responsibility and supervisory officials will determine appropriate
disciplinary action.

Faculty/staff Complainants and Respondents have certain shared or complementary rights
in Title IX matters:

The Complainant and the Respondent have the right to be assisted by an advisor, including
an advisor they choose at their own expense.

The Complainant and the Respondent have the right to access and review any information
that will be used by the investigator.

The Complainant and the Respondent will be advised of the date, time, and location
of a pre-decision meeting with the Title IX Coordinator or Compliance Officer, when
scheduled.

The standard of proof that exists for campus proceedings is the preponderance of evidence
(i.e., more likely than not the event(s) occurred).

If a Complainant requests that his or her name not be revealed to the Respondent or
asks the University not to investigate or seek action against the Respondent, the
University may be limited in its ability to respond fully to the incident. As discussed
below, the University will respect such requests to the extent possible consistent
with its obligations to promote a safe learning environment that is free of harassment
and discrimination.

Administrative Services

14(a). To Assist a Student Complainant or Respondent.The Dean of Students Office (DOS) will assist students, including collaborating with
UAPD and other departments to provide, as appropriate:

Referral to a counselor at Counseling and Psychological Services or referrals to outside
provider(s). (CAPS)

Escort services. (UAPD)

Assistance in petitioning for a protection order. The University honors orders of
protection, no-contact orders, restraining orders, or similar orders issued by a criminal,
civil, or tribal court. (DOS)

The Title IX Coordinator will assist faculty and staff, including collaborating with
UAPD and other departments to provide, as appropriate:

Referral to the Employee Assistance Program or Human Resources.

Escort services. (UAPD)

Assistance in petitioning for a protection order. The University honors orders of
protection, no-contact orders, restraining orders, or similar orders issued by a criminal,
civil, or tribal court. (Title IX Coordinator)

Interim Conditions and Post-Hearing Interventions Applying to Complainants and RespondentsVictims of sexual assault may receive assistance in making reasonable changes in their
work, academic, or living situations. Students may request assistance in changing
their living situations from University Housing. Requests for academic changes should
be directed to the dean of the appropriate college. Employees may request assistance
in changing their work situations from their supervisors or from the Department of
Human Resources. Requests for such changes will be considered on the basis of their
appropriateness and whether the requested change is reasonably available.

Based on the circumstances, the following measures may be taken, as appropriate:

The Complainant and/or Respondent may have parking re-assigned.

The Complainant and/or Respondent may have on-campus residence changed.

The Complainant and/or Respondent may have his/her academic schedule altered and/or
arrangements with instructors to assist in offsetting potential academic problems
will be coordinated. This service is not applicable for a Respondent who has been
temporarily or immediately removed from campus and/or classes.

The Respondent may be directed not to have contact, by any means, with a Complainant.

The Complainant may be directed not to have contact, by any means, with a Respondent.

Any individual who is alleged to have committed a violent act, including sexual assault,
dating violence, domestic violence or stalking upon a member of the campus community,
may be banned from campus and campus activities.

Other conditions as deemed appropriate.

Privacy and Respect of InformationRespecting one’s right to privacy is important to the University. Students can be
assured that when they share information with medical, police, and/or University officials,
such information will be handled professionally and within the framework of each agency’s
governing obligations regarding privacy (e.g., state law, licensing, FERPA, etc.).

University employees (1) who have the authority to take action to redress sexual violence;
(2) who have been given the duty of reporting incidents of sexual violence or any
other misconduct by students to the Title IX Coordinator or appropriate school designee;
or (3) whom a student could reasonably believe has this authority or duty, shall report
all complaints of sexual violence to the Title IX Coordinator.

A student’s privacy concerns are weighed against the needs of the University to respond
to acts of harassment, including sexual assault, domestic violence, dating violence,
and stalking. To the greatest extent possible, all reports will remain private. However,
information may be shared with appropriate departments and agencies under a need-to-know
basis when it pertains to investigative needs and safety concerns of the campus community.
If a Complainant requests that his or her name not be revealed to the Respondent
or asks the University not to investigate or seek administrative action against the
Respondent, the University may be limited in its ability to respond fully to the incident.
Title IX and the Violence Against Women Reauthorization Act (VAWA) include protections
against retaliation. The University officials will not only take steps to prevent
retaliation but will also take strong responsive action if it occurs.

Counseling and Psychological Services mental-health counselors, Student Health Services
employees or any other person with a professional license requiring confidentiality,
or who is supervised by such a person, will not report incidents of sexual violence
to the Title IX Coordinator in any way that identifies a student without the student’s
consent.

All information received is subject to inclusion, in statistical form, in annual University-published
reports.

Retaliation ProhibitedThe University of Arkansas prohibits retaliation by its officers, employees, students,
or agents against a person who, in good faith, exercises his or her rights or responsibilities
under any provision of federal or state law, including Title IX, Title VII, and the
VAWA, or this policy. Retaliation against a complainant, alleged victim (if different
from the complainant), or any witness is, in itself, a violation of university policy
and the law, and is a serious separate offense.

Time Periods

Investigation and AdjudicationThe University will make every reasonable effort to ensure that the investigation
and resolution of a complaint occurs in as timely and efficient a manner as possible.
The University’s investigation and resolution of a complaint will generally be completed
within sixty (60) calendar days of the receipt of the complaint, absent extenuating
circumstances. Student disciplinary hearings, if at all, will take place after the
conclusion of the investigation. If such hearings have taken place, both the alleged
victim and the Respondent generally will receive a Decision of Hearing Letter within
five (5) calendar days of the conclusion of the hearing, or as soon as possible thereafter.
Timelines for matters regarding employees are discussed above.

Any party may request an extension of any deadline by providing the Title IX Coordinator
or the Compliance Officer, as appropriate, with a written request for an extension
that includes reference to the duration of the proposed extension and the basis for
the request.

Timelines may be modified in cases where information is not clear, judged to be incomplete,
relevant parties are not available for interview, and/or other related circumstances
as may arise. The Title IX Coordinator or Compliance Officer, as appropriate, may
also modify any deadlines contained in this policy as necessary and for good cause.

Timeframe for ReportingWith regard to employment-related harassment, consistent with Title VII requirements,
sexual harassment must be reported within 180 days of its occurrence. However, under
compelling circumstances, a delayed report of sexual harassment may be investigated
by the university, provided the report is made within 180 days after an employee has
left his or her current position at the university.

In Title IX cases, there is no time limit for students, faculty or staff to make a
complaint. However, the University strongly encourages reporting any alleged instances
of sexual misconduct as soon as possible in order to allow appropriate steps to be
taken and to provide the greatest opportunity for a complete and thorough investigation.

Record KeepingInvestigation records will be kept in employee personnel files only if a complaint
of sexual misconduct is substantiated and disciplinary action is taken. All other
investigation records will be kept only for statistical purposes and to document that
the university has responded to complaints. This provision shall not prevent the retention
of personnel records where a finding of a violation of the University’s Sexual Harassment
and Sexual Assault Policy was not sustained but where administrative action was determined
to be appropriate.

Records maintained by the Title IX Coordinator and/or Compliance Officer to document
that the University has responded to all complaints include information concerning
receipt of the complaint, notification of the person against whom a complaint is made
as well as his or her response, steps taken to investigate the complaint, and whether
the complaint was substantiated. All written statements obtained, as well as summaries
of witness interviews, will be included in the documentation. If the complaint is
substantiated, the records will document actions taken to stop the harassment and
to remedy its effects. All records pertaining to the complaint will be treated as
confidential, except as required by law or to the extent pertinent to investigation
of any subsequent matters.

False ReportsWillfully making a false report of sexual harassment or sexual misconduct is a violation
of University policy and is a serious offense. Any person who willfully makes or
participates in making a false or frivolous report under this policy may be subject
to disciplinary action. False reporting may also violate state criminal statutes
and civil defamation laws.

ConfidentialitySubject to the other provisions of this policy and the requirements of law, every
possible effort will be made to ensure that all information received in connection
with this policy is treated discreetly. However, it is not possible to guarantee that
all Complaints will remain confidential because of the University’s obligation to
investigate allegations of misconduct. All requests to maintain confidentiality shall
be directed to the Title IX Coordinator who has the authority to make such determinations.

Except as compelled by law or in the interest of fairness, just resolution or health
and safety considerations, disclosure of information contained in Complaints, their
substance, procedures and the results of investigations will be limited to the immediate
parties, witnesses and other appropriate officials. Limited disclosure may also be
necessary to conduct a full and impartial investigation.

Office for Civil RightsAlthough Complainants are encouraged to resolve their grievances related to discrimination
by utilizing this policy, they have the right to file a complaint directly with the
U.S. Department of Education, Office for Civil Rights (OCR). Information regarding
applicable timelines and procedures is available from OCR. You may call 1-800-421-3481
to obtain further information about filing a complaint with OCR.

Effective DateThe University reserves the right to make changes and amendments to this policy as
needed, with appropriate notice to the community. However, the policy in force at
the time that a complaint is filed will be the policy used throughout the investigation
and adjudication process.